Henton v. The City of New York

Background

Naji-Ullah Henton brought a self-represented action under 42 U.S.C. § 1983, a federal law that allows claims against state or local officials for violating federal rights. He alleged that, on December 12, 2022, the defendants falsely arrested him in Far Rockaway, Queens County, New York, and used excessive force against him.

The named defendants were the City of New York; the New York City Police Department; Officer Gabrielle Granston; Officer Johanne Saint Jean; Lieutenant Andrea Boden; and unidentified New York City police officers. Henton indicated that the officers worked at a New York City Transit District headquarters in Far Rockaway, but he did not provide their residential addresses. The opinion states that he filed the action by email on March 12, 2024, without paying filing fees or submitting a request to proceed without prepaying them.

Transfer Analysis

The court considered the federal venue rules. Venue may have been proper in the Southern District under the rule concerning where a defendant entity is located because the City of New York is located there. But the court concluded that venue was not proper there under the rule concerning where a substantial part of the events occurred, because the alleged arrest and use of force took place in Far Rockaway, which is in the Eastern District of New York.

The court also applied 28 U.S.C. § 1404(a), which allows a court to transfer a case to another proper federal district for the convenience of the parties and witnesses and in the interest of justice. The court found that transfer appeared appropriate because the underlying events occurred in Far Rockaway and relevant documents and witnesses could reasonably be expected to be there. It concluded that the Eastern District of New York appeared to be the more convenient forum.

Disposition

The court transferred the action to the United States District Court for the Eastern District of New York. The Clerk of Court was directed to transfer the action, and the court stated that the transferee court would decide whether Henton could proceed without prepaying filing fees. The Southern District court directed that no summons issue from it and closed the case in that court.

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied fee-free status for purposes of an appeal. The order was signed by Chief United States District Judge Laura Taylor Swain.